D-Day! Court finally set to send Victor Oye & INEC Chairman, Yakubu, to prison tomorrow over contempt
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Justice M. A Madugu of the FCT High Court 40, Bwari, Abuja, is finally set to pass judgement in the committal proceedings seeking to commit the Independent National Electoral Commission (INEC) Chairman, Prof. Mahmood Yakubu, and the erstwhile National Chairman of the All Progressives Grand Alliance (APGA), Chief Victor Oye, to prison for disobeying the court’s judgment of June 6, 2023.
News Band learnt that Justice Madugu communicated to the parties that the judgement is coming up on Thursday, November 9, 2023.
It could be recalled that the court had, on September 14, 2023, reserved ruling sine dine in the committal proceedings.
The court had earlier on September 11, 2023, adjourned to September 14, 2023, to entertain the motion for Mahmood’s committal to prison.
When the court rose, Mike Ajara and Panam Ntui, counsels to the Applicants/Plaintiffs informed the Court that the matter was overripe for hearing and that he was ready for the motion.
However, Al Hassan Umar (SAN) and Mr. S. O. Ibrahim (SAN) announced appearance in defense of Prof. Mahmood Yakubu and notified the court of their Preliminary Objection stating that the case’s nomenclature was changed and that the matter is before the appeal Court, hence, the lower court lacked jurisdiction to hear it.
The Judge asked if Mahmood had appealed the judgment of the Court, but Al Hassan responded in the negative, but claimed that Victor Oye’s appeal on the matter was enough.
After taking the Defense Counsels’ Preliminary Objection and the Plaintiffs’ Counsels’ response, the Court reserved ruling sine dineuntil a later date that will be communicated by the Court’s Registrar.
Interestingly, INEC is neither contending the authenticity of the Supreme Court Judgement which affirmed Edozie Njoku as the authentic APGA chairman, nor are they contesting the enforcement judgement of the Bwari Court, rather, their sole Objection is that the matter is before the appeal court.
Read details of the proceeding below:
Court reserves ruling in case of INEC
chairman’s committal to prison
In a similar development, the same court also reserved judgment on the Motion seeking for Victor Oye’s committal to prison for disobeying a valid court order.
The motion marked M/10786/2023, was filed by Micheal Ajara, on behalf of the applicants, Otunba Camaru Lateef Ogidan (National Vice Chairman, South West Geopolitical Zone, APGA) and Mustapha Rabiu (National Welfare Officer), who emerged at the APGA Owerri Convention of May 31, 2019, under the leadership of Chief Edozie Njoku, the National Chairman of APGA.
In opposing the motion, Victor Agunzi, counsel to Victor Oye objected by way of a notice and urged the court to strike out or dismiss the motion for being defective and grossly incompetent, adding that the court lacked jurisdiction to entertain same.
Agunzi also asked Justice Madugu to recuse himself from hearing the matter on the strength of a petition before the Chief Judge of High Court of the FCT, accusing the presiding judge of being biased.
He sought for an indefinite adjournment pending the hearing of an appeal filed by Oye, challenging the May 10, 2023, Order and final judgement of the court, which is the subject matter of the committal proceeding.
Reacting, Ajara told the court that, C. I. Mbaeri, acting on the instruction of Victor Oye, had approached the Appeal Court, Abuja, on interlocutory appeal on June 8, 2023, seeking leave to vacate the orders of the court, but lost the applications.
Unfortunately for Victor Oye and Yakubu Mahmood, the Appeal Court ruled and struck out same having been withdrawn. “The appeal number is DELETED from the cause list,” ordered the court.
Therefore, Ajara submitted that the motion of the Applicant dated June 13 and filed on the 14th is competent and that due process was followed before they were filed, adding that the court has jurisdiction to hear the motion.
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Ajara said that aside the May 10 order, the judgement of June 6, “is declaratory which cannot be stayed and that is why the respondent has not filed any application for stay of execution”.
The Court took Agunzi’s preliminary objection and Ajara’s motion for committal charges, reserved judgment and adjourned to a later date to be communicated to the parties.
Read details of the proceeding below:
Victor Oye loses at appeal court, as FCT court reserves judgment on motion seeking for Oye & INEC Chairman’s committal to prison
The Judgment of tomorrow revolves around the May 10, 2023, disobedience to Court Order wherein the Court gave an order asking Oye to stop parading himself as the National Chairman of APGA and warned him, his assigns and privies not to conduct any meeting, campaign, congress and convention in the name of the Party.
The court similarly warned Prof. Yakubu Mahmood to maintain status quo ante bellum as at the last Supreme Court Judgement of March 24, 2023 which declared Chief Edozie Njoku as the rightful National Chairman of APGA.
Unfortunately, Chief Victor Oye and Prof. Yakubu Mahmood flagrantly flayed the Court’s order as Oye went ahead and conducted congresses and illegal convention.
In the same vein, Prof. Mahmood also went ahead to publish names of governorship candidates for APGA which he obtained from Chief Victor Oye, despite order not to recognise anyone.
Consequently, on June 8, 2023, Oye approached the Appeal Court on interlocutory Appeal to challenge the interim, but lost the appeal.
Evidently, Oye and Prof. Mahmood may be on their way to prison as the court has finally adopted November 9 as the D-Day.
The judgement of the court will be reported timeously tomorrow from the venue of the court.
Stay tuned…
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